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U.S. v. GRANADO

No. 01-51007.

302 F.3d 421 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Gilbert Arreola GRANADO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 12, 2002.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. and Mark Randolph Stelmach (argued), Asst. U.S. Attys., Angela J. Moore, San Antonio, TX, for Plaintiff-Appellee.

M. Carolyn Fuentes, Henry Joseph Bemporad (argued), San Antonio, TX, for Defendant-Appellant.

Before JOLLY, DUHÉ and DENNIS, Circuit Judges.

DUHÉ, Circuit Judge:

This is an appeal of the district court's denial of a motion to suppress evidence obtained during a vehicle stop. Because we find the vehicle stop violated the Fourth Amendment, and the government did not show that the seizure was not the product of that Fourth Amendment violation, we REVERSE the denial of the suppression motion, VACATE the convictions, and REMAND with instructions to suppress.

FACTUAL AND PROCEDURAL BACKGROUND<...

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